Beyond Singular Methodologies

This article argues for a renewed approach to the study of normative systems in the context of contemporary normative pluralism, where structures of dominance are no longer as clear-cut as they once seemed. Normative systems operate semi-autonomously across multiple modalities, both in their internal operations and their external interactions. Our article therefore contends that they cannot be studied in isolation or through a single methodological lens. Rather, a holistic methodology that embraces various methodologies and their intersections is necessary. Our study focuses on the point at which two major types of normative systems, “law” and “religion”, intersect. The first part of the article examines how different methodologies—legal positivism and natural law, legal realism, legal anthropology, and interpretive approaches—describe the distinct modalities of normative systems. The second part demonstrates the value of a holistic methodology by using Roman Catholic canon law as a case study. Canon law combines natural law as its foundational logic, adopts positivism in its application as it fictionally positions the church as a “perfect society”, relies on secular legal systems as the invisible “other” to take its shape, and plays a crucial role in the development of Catholic meaning and identity

Legal positivism · Modalities · Normative · Positivism · Historical Legal Studies and Society · Reformed Theology and Governance · Religious Freedom and Discrimination